Contact:
PO Box 40113
Olympia, WA 98504-0113
E-mail
The Transportation and Public Construction Division (TPC) is comprised of 17 attorneys and 13 professional staff. The division represents the Washington State Department of Transportation (WSDOT) as it designs, constructs, operates and maintains Washington’s highway system and other multi-modal transportation operations (Washington State Ferries, rail, aviation, freight transport, public transportation, etc.). Other client agencies of the division include: the Washington Transportation Commission, Board of Pilotage Commissioners County Road Administration Board, Transportation Improvement Board, and Washington Traffic Safety Commission. Division attorneys also use their experience in eminent domain, contracts, construction, land use and environmental law to support the construction activities of an increasing number of other state agencies, including the Department of Corrections and state universities.
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TPC’s workload is a mix of moderate to complex litigation and client advice on a wide range of issues. In addition to a steady condemnation caseload, TPC attorneys handle construction claims and environmental litigation, both regulatory compliance and defense of hazardous waste claims, as well as land use issues that arise in connection with state projects. In addition, division attorneys handle a number of tort cases seeking recovery of property damage allegedly caused by floods and landslides. Client advice topics range from land use and environmental permitting issues to construction contracting and constitutional issues on the use of state gas tax revenue.
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The division’s workload can vary depending on the level of investment in new or expanded transportation projects and the level of construction undertaken by client agencies. There has been dramatic growth in the division’s advice in project construction due to accelerated project planning, mega-project scoping (I-405, SR 520 Floating Bridge, Alaskan Way Viaduct, Washington State Ferries Terminal and Vessel procurement, Sound Transit, etc.), unusual environmental impacts and mitigation strategies, and new project delivery and finance methods (like design-build contracting) which present complex and novel legal questions.
As transportation construction proceeds, the division has also seen growth in its environmental and land use practices as claims arise under the Endangered Species Act, Clean Water Act, State Environmental Policy Act, and National Environmental Policy Act. Environmental permit streamlining issues and land use requirements from a large number of local jurisdictions faced with state highway construction have also increased demands on our environmental and project litigation teams.
The division has also seen growth in its tribal practice areas as construction projects raise important archaeological and project management issues under the federal National Historic Preservation Act.
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In Galvis v. WSDOT, our Transportation and Public Construction Division successfully argued to the Washington Court of Appeals that the Highway Access Management Act is constitutional. This statute allows the Department of Transportation to limit for safety reasons the points at which property owners can have driveways onto a state highway. The court held that the statute has a constitutionally sound administrative process to determine whether proposed access restrictions are reasonable. The decision sets a clear precedent on the use of the access management statute to protect public safety while also protecting property interests in safe access to the state highway at the same time.
Lower Elwha Klallam Tribe, et al. v. WSDOT, et al. The Lower Elwha Klallam Tribe brought suit alleging that the Washington State Department of Transportation negligently disturbed a Native American burial ground and a significant archaeology site during construction of a graving dock near Port Angeles. In August 2006, TPC attorneys helped negotiate complex settlement agreements between the Tribe, the state, and local governments. Over the last year, WSDOT has fully complied with the settlement agreements by successfully completing remediation of the site in December 2007, followed by the transfer of certain property interests to the Tribe and Port of Port Angeles.
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Environmental Issues: As WSDOT projects continue to impact both the natural and built environment, the division continues to see growth in its permit-related advice and litigation caseload. A collaborative working relationship exists between WSDOT and their attorneys and the Washington State Department of Ecology and their counsel.
Washington State Ferries: Division attorneys continue to work collaboratively with the Washington State Ferries, U.S. Coast Guard, Washington State Patrol, and other agencies to assess federal security guidance for passengers, terminals and vessels in light of state constitutional protections. Ferry procurement, terminal construction, labor issues and environmental matters associated with ferry design and operation have also seen increased demands for legal services.
Accelerated Projects/Changing Project Delivery: With the current pressing demands to deliver the transportation projects, and the need for expansion and maintenance projects to happen quickly to maximize economic stimulus and restore needed infrastructure, the division has advised project managers on a wide variety of mega-project design-build issues, risk allocation, innovative construction claims processes, unique financing arrangements, and multi-party operations initiatives with private and public parties, such as Sound Transit.
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